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HomeMy WebLinkAboutBOARD MINUTES 11-01-90 199 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON NOVEMBER 1, 1990 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 3 p.m. on November 1, 1990. President Carlson called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Dalton, Carlson ABSENT: Members: Clausen, Rainey Member Rainey had indicated previously that she would be unable to attend this meeting and had requested to be excused. Member Clausen had advised staff that he would be late. Member Clausen arrived at the hour of 4:23 p.m. 2. PUBLIC COMMENTS None At this time, President Carlson departed from the order of the agenda to accommodate the District's legal counsel. 15. CLOSED SESSION a. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(b). a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. The title of the litigation is not being disclosed because to do so would jeopardize the Board's ability to conclude existing settlement negotiations or to effectuate service of process. At 3:05 p.m., President Carlson declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(b). At 3: 14 p.m., President Carlson concluded the closed session and reconvened the meeting into open session. 16. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None At this time, President Carlson reverted to the order of the agenda. 3. BIDS AND AWARDS a. AUTHORIZE AWARD OF CONTRACT TO NORTHERN INDUSTRIAL CONSTRUCTION. INC. FOR THE INSTALLATION OF A DUPLEX STRAINER FOR FURNACE NO.2. MULTIPLE HEARTH FURNACE OPERATION IMPROVEMENTS PROJECT (DP 10060) Following explanation by Mr. Roger J. Dolan, General Manager-Chief Engineer, it was moved by Member Boneysteele and seconded by Member Dalton, that award of the construction contract in the amount of $15,000, for installation of a duplex strainer for Furnace No.2, Multiple Hearth Furnace Operation Improvement Project, District Project No. 10060, be authorized to Northern Industrial Construction, Inc. as the lowest 11 ~01 90 200 responsible bidder. There being no objection, the motion was approved with Members Clausen and Rainey being absent. 4. CONSENT CALENDAR It was moved by Member Boneysteele and seconded by Member Dalton, that the Consent Calendar, Items a. through e., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Authorization was given for P.A. 90-13 (Martinez) to be included in a future formal annexation to the District. Motion approved on the following vote: AYES: Members: Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: Clausen, Rainey b. The Agreement relating to Real Property with Walter F. Strauss, et ux, Job 4065,. was approved, the President of the Board of Directors and the Secretary of the District were authorized to execute and record said Agreement, and Resolution No. 90-134 was adopted to that effect. Motion approved on the following vote: AYES: Members: Boneysteele, Dalton, Carlson NOES: Members: None ABS ENT: Members: Clausen, Rainey c. The Agreement relating to Real Property with Frank S. Tzeng, et ux, Job 4382, was approved, the President of the Board of Directors and the Secretary of the District were authorized to execute and record said Agreement, and Resolution No. 90-135 was adopted to that effect. . Motion approved on the, following vote: AYES: Members: Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: Clausen, Rainey d. The Agreement relating to Real Property with James S. Wallace, et ux, Job 2343, was approved, the President of the Board of Directors and the Secretary. of the District were authorized to execute and record said Agreement, and Resolution No. 90-136 was adopted to that effect. Motion approved on the following vote: AYES: Members: Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: Clausen, Rainey e. 11 01 The contract work for the Dewatering System Improvements Project (DP 3791) was accepted and the filing of the Notice of Completion was authorized. 90 201 Motion approved on the following vote: AYES: Members: Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: Clausen, Rainey CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 5. SOLID WASTE a. CONSIDER A REQUEST BY W. DOUGLAS LOMOW FOR CONSENT TO THE SALE OF 50 PERCENT INTEREST IN ORINDA-MORAGA DISPOSAL SERVICE. INC. TO ROBERT M. SLlEPKA Member Boneysteele stated that he had problems with the original transfer of Orinda-Moraga Disposal Service to Mr. W. Douglas Lomow, and he has substantially the same concerns in this case. Since only three members of the Board of Directors were present, Member Boneysteele suggested that in the interests of the applicant, consideration of this matter be deferred until Board Member Clausen arrives or that the matter be held over until the next meeting. Board Members Dalton and Carlson voiced no objection. Mr. Robert M. Sliepka, who was present in the audience, agreed that the matter be held until Board Member Clausen's arrival. 6. ENGINEERING a. ACCEPT GRANT OF EASEMENT FROM PRIVATE PROPERTY OWNER FOR DISTRICT PROJECT 4539. PARCEL NO. 11N WALNUT CREEK AT A TOTAL COST TO THE DISTRICT OF $17.699 .b. ACCEPT GRANTS OF EASEMENT FROM PRIVATE PROPERTY OWNERS FOR DISTRICT PROJECT 4654. PARCEL NO.3 IN WALNUT CREEK AND PARCELS NO. 13 AND 14 IN CONTRA COSTA COUNTY AT A COST OF $88.925 Mr. Dolan, General Manager-Chief Engineer, stated that a presentation on the procedure used by the District in negotiating easements will be presented by Mr. David R. Williams, Engineering Division Manager. Mr. ,Williams stated that the number of sewer rehabilitation projects has gone up drastically in recent years. These kinds of projects require property acquisition. The District has contracted with Associated Right-of-Way Services, Inc. to provide assistance in this process. Mr. Williams reviewed the procedures used in acquiring rights-of-way and the components used in determining the value of the costs. Mr. Williams introduced Mr. Dave Simmons, of Associated Right-of-Way Services. Following discussion of the Olympic Boulevard portion of the 1680/SR24 Sewer Relocations, Phase II Project, it was moved by Member Boneysteele and seconded by Member Dalton, that the President of the District Board of Directors and the Secretary of the District be authorized to accept the Grant of Easement for District Project 4539, Parcel 1, Arlene Drive Sewer Improvement Project, at a total cost to the District of $17,699, that recording of the Grant of Easement be authorized, and that Resolution No. 90-137 be adopted to that effect; and that the President of the District Board of Directors and the Secretary of the District be authorized to accept the Grants of Easement for District Project 4654, Parcels 3, 13, and 14, 1680/SR24 Sewer Relocations, Phase II Project, at a total cost to the District of $88,925, that recording of the Grants of Easement be authorized, and that Resolutions No. 90-138 and 90-139 be adopted to that effect. Motion approved on the following roll call vote: ..11.01 90 202 AYES: Members: Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: Clausen, Rainey c. AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $64,000 FROM COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT FOR COMPLETION OF DIRECTIONAL DRILLING DEMONSTRATION PROJECT, DISTRICT PROJECT 4293 Mr. Dolan General, Manager-Chief Engineer, stated that the District is hoping to use directional drilling and other no dig technology where feasible to minimize damage to landscaping and improvements. A change order in excess of the General Manager-Chief Engineer's authority is required for completion of the Foye Drive Project, the third and final project element in the Directional Drilling Demonstration Project. It was moved by Member Boneysteele and seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to allocate $64,000 from the Collection System Program Contingency Account for work on the Directional Drilling Demonstration Project, District Project 4293. There being no objection, the motion was approved with Members Clausen and Rainey being absent. . 7. PERSONNEL a. DENY APPEAL OF SUSPENSION BY WAYNE MASTEN, PLANT OPERATOR II. IN ACCORDANCE WITH ARBITRATOR'S RECOMMENDATION It was moved by Member Boneysteele and seconded by Member Dalton, that the appeal of Mr. Wayne Masten, Plant Operator II, be denied and dismissed as the final action of the District. Motion approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: Clausen. Rainey 8. CORRESPONDENCE a. CONSIDER LETTER FROM JOHN PETRAK REQUESTING WAIVER OF LIMITATION FOR REFUND OF SEWER SERVICE CHARGES AND REIMBURSEMENT OF OVERPAYMENT Mr. Kenton L. Aim,. Counsel for the District, reported that Senate Bill 1821 proposed to add a section to the Government Code dealing with repayment of sewer fees for services not provided. The bill will become law January 1, 1991. By July 1, 1991, the local agency shall refund any sewer fees for which no service was delivered. There is no statute of limitations. In response to a question from Member Boneysteele, Mr. Walter Funasaki, Finance Officer, stated that this situation occurs infrequently. Mr. Funasaki estimated that over the last five or six years, approximately two such instances occurred per year and they were quite small. Mr. Funasaki stated that he did not believe that the number is significant enough to require a reserve. President Carlson recommended that the District wait until the law becomes effective in January 1991 before refunding the amount of overpayment in excess of the District's current policy limiting refund of overpayments to four years. In addition, President Carlson inquired if staff had verified that the claim is valid. Mr. Dolan stated that staff would verify the actual number of units in the Creekside Glen Apartment complex. 11 01 90 203 It was moved by Member Carslon and seconded by Member Dalton, that refund of overpayment of Sewer Service Charges for Creekside Glen Apartments in the amount of $9,440 be approved subject to verification of the number of units in the complex and length of current ownership, in accordance with the District's policy limiting refunds of Sewer Service Charges to four years. In the discussion that followed, Member Boneysteele stated that staff should advise Mr. Petrak that the District will entertain a renewal of the request for refund of overpayment when the new law goes into effect in January 1991. Following further discussion, Member Carlson amended the motion and Member Dalton seconded the amended motion, that refund of overpayment of Sewer Service Charges for Creekside Glen Apartments in the amount of $9,440 be approved subject to verification of the number of units in the complex and length of current ownership, in accordance with the District's policy limiting refunds of Sewer Service Charges to four years; and that Mr. Petrak be advised that new legislation effective January 1991 may affect the District's refund policy. Motion approved on the following roll call vote: AYES: Members: Carlson, Dalton, Boneysteele NOES: Members: None ABSENT: Members: Clausen, Rainey b. LETTER FROM NANCY C. FAHDEN. CHAIR OF THE BOARD OF SUPERVISORS. CONCERNING DIRECT HAUL OF WASTE TO ALTAMONT LANDFILL President Carlson stated that a draft response has been prepared to the letter from the Board of Supervisors relating to direct haul of waste to Altamont Landfill. President Carlson asked if the Board had any changes. Hearing none, it was moved by Member Dalton and seconded by Member Boneysteele, that the draft response to Nancy C. Fahden, Chair of the Board of Supervisors, concerning direct haul of waste to Altamont Landfill be approved and that the President of the Board of Directors be authorized to execute said response. There being no objection, the motion was approved with Members Clausen and Rainey being absent. 9, APPROVAL OF MINUTES a. MINUTES OF SEPTEMBER 20. 1990 It was moved by Member Boneysteele and seconded by Member Dalton, that the minutes of September 20, 1990, be approved with the following amendment: . In the second sentence of first paragraph on page two, the phrase" As the Board can see" was deleted. There being no objection, the motion was approved with Members Clausen and Rainey being absent. b. MINUTES OF OCTOBER 4. 1990 It was moved by Member Boneysteele and seconded by Member Dalton, that the minutes of October 4, 1990, be approved with the following amendment: The last sentence of the third paragraph on page four, "The Board felt that the committee system would be the best way to manage the Authority," was deleted. There being no objection, the motion was approved with Members Clausen and Rainey being absent. 1,1 01 90 204 10, APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED NOVEMBER 1. 1990 Member Boneysteele, member of the Budget and Finance, Committee, stated that he and Member Dalton reviewed the expenditures and found them to be satisfactory. It was moved by Member Bon~ysteele and seconded by Member Dalton, that the Expenditure List dated November 1, 1990, including Self-Insurance Check Nos. 100475- 100476, Running Expense Check Nos. 56154-56406, Sewer Construction Check Nos. 8869-8916, and Payroll Check Nos. 21754-22027, be approved as recommended. There being no objection, the motion was approved with Members Clausen and Rainey being absent. 11. BUDGET AND FINANCE a. RECEIVE THE DEFERRED COMPENSATION PLAN ADVISORY COMMITTEE ANNUAL REPORT FOR 1989-1990 Mr. Dolan, General Manager-Chief Engineer, distributed copies of the Deferred Compensation Handbook which was published by the District. Mr. Dolan reported the handbook was well received and some of Great Western and Hartford's other clients have been given copies of the handbook to use as a model in communicating with their employees. Mr. Dolan briefly reviewed the content of the Deferred Compensation Plan Advisory Committee Annual Report and recommended that the Board receive the report. Member Boneysteele questioned our people's experience in drawing funds out of the Deferred Compensation Plan. Mr. Walter Funasaki, Finance Officer, responded that there has been no indication that there have been problems. Retirees and terminated employees have received funds in the manner and on the schedule they ordained. Member Boneysteele related problems he had when funds were withdrawn from Great Western Deferred Compensation Plan. Staff indicated they would be alert to possible problems. ' President Carlson declared that the Annual Report of the Deferred Compensation Plan Advisory Committee for 1989-1990 and the Deferred Compensation Plan Handbook were duly received. 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 13. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1) Mr. Dolan, General Manager-Chief Engineer, reported that a letter has been received from Supervisor Campbell of Alameda County expressing interest in determining the maximum available capacity at Central Contra Costa Sanitary District for the Tri-Valley Wastewater Authority (TWA). TWA has contributed an initial $5,000 for study. Mr. Robert A. Baker, Deputy Chief Engineer, reported that the $5~000 was spent on an hydraulic analysis to determine the maximum capacity in the District's sewer that would be available to serve TWA. The result was 40 MGD. This represents peak hourly flow during a 20-year event. TWA is interested in dry weather flow. Mr. Baker has advised TWA that the District's treatment plant is expandable and could handle any dry weather flow they could send us. TWA must sponsor the hydraulic calculation to determine the dry weather flow based pn 40 MGD wet weather flow. Camp Dresser and McKee Inc. will probably perform the hydraulic studies. District staff will be working with TWA to arrive at a cost sharing arrangement for their proposed capacity. President Carlson noted that it was 4: 15 p.m. Although Member Clausen had not yet arrived, President Carlson suggested that the Board proceed to Item 5, Solid Waste. The Board agreed. 11 01 90 205 5. SOLID WASTE a. CONSIDER A REQUEST BY W. DOUGLAS LOMOW FOR CONSENT TO THE SALE OF 50 PERCENT INTEREST IN ORINDA-MORAGA DISPOSAL SERVICE. INC. TO ROBERT M. SLlEPKA Mr. George Navone, of Orinda-Moraga Disposal Service, Inc., introduced Mr. Robert M. Sliepka. Mr. Sliepka described his background and experience in the solid waste industry. Member Clausen arrived at the hour of 4:23 p.m. In response to a question from Mr. Dolan~ Mr. Sliepka stated that he was purchasing 50 percent interest in Orinda-Moraga Disposal Service from the Navone family, not Mr. Lomow. Mr. Navone stated that he still owned the whole company. If the Board approves the request before them, 50 percent of the company would be sold to Mr. Lomow and 50 percent to Mr. Sliepka. Mr. Dolan stated that the District believed that Mr. Lomow owned the company. Both Mr. Lomow's letter and the responses to the questions indicated that he owned the company. Member Boneysteele stated that this franchise allows the collector the exclusive right to operate in the Orinda and Moraga areas. The franchise is of vital concern to the District. Member Boneysteele stated that he has the same concerns he expressed at the Board Meeting on May 31, 1990, when the Board considered the transfer of the Orinda- Moraga Disposal Service, Inc. franchise to W. Douglas Lomow. As requested by Member Boneysteele, the Secretary of the District read the following excerpt from the minutes of the May 31, 1990 Board Meeting. "Member Boneysteele voiced concern that the costs of acquisition are so onerous that he is not satisfied that Mr. Lomow will be able to make the payments out of the profits of the corporation, which the present franchisee feels are inadequate. The District does not require financial statements from Mr. Lomow so we have no way of knowing his financial condition. Consequently, the District does not know whether Mr. Lomow has the resources to operate or not. If the Board does not .pass through rates to allow Mr. Lomow to operate and he does not have resources to maintain operation, there are few alternatives available. Member Boneysteele expressed concern that the transfer is not going to be an economic transfer and so .could lead to major problems." Member Boneysteele stated that it should be demonstrated to the Board that the purchasers are capable of operating the company under the rates they are getting or could reasonably expect to get; that the corporation will be economically viable. Member Boneysteele stated that he would like to see the balance sheet of the corporation to get some knowledge of whether the purchasers can operate the corporation if revenues are not sufficient. President Carlson stated that some adjustments were made in the District's rate-setting approach in an effort to provide sufficient revenues for the company to operate. In response to a question from Member Clausen, Mr. Dolan stated that staff does not object to the transfer of the franchise, but rather is concerned with clarifying the facts relating to the requested transfer. . It was moved by Member Clausen and seconded by Member Dalton, that consideration of the request for consent to the sale of 50 percent interest in. Orinda- Moraga Disposal Service, Inc. to Robert M. Sliepka be continued to November 15, 1990, to allow the parties to the transaction to submit written clarification as to whether the purchaser of the franchise is Mr. Lomow, or Mr. Lomow and Mr. Sliepka, with equal ownership interests. There being no objection, the motion was approved with Member Rainey being absent. In response to a question from Mr. Dolan, Member Boneysteele stated that he did not believe there were three votes on the Board to secure the balance sheet of the purchasing corporation. However, Member Boneysteele stated that he would not vote ,11 01 90 206 to approve the transfer until he was satisfied as to the economic viability of the corporation. At this time, President Carlson returned to the order of the agenda. 13. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 2) Mr. Dolan, General Manager-Chief Engineer, reported that our consultants have identified a number of sites for test wells to sample groundwater that may be at risk in Bollinger Canyon. Six of the twelve sites are on East Bay Regional Park District (EBRPD) land. Staff has negotiated. with EBRPD and has reached a tentative agreement whereby EBRPD would receive a credit against future connections in exchange for the encroachment. Mr. Robert A. Baker, Deputy Chief Engineer, stated that the District is under a Clean Up and Abatement Order and we must move forward with work in Bollinger Canyon. EBRPD wishes to connect to the leach line. They have been advised that Regional Board approval would be required. We have agreed to approach the Regional Board. EBRPD is fully aware that it is unlikely they will be able to connect to the leach line. The proposed credit towards future connection is proposed as an alternative. Following discussion, it was moved by Member Clausen and seconded by Member Boneysteele, that the agreement with East Bay Regional Park District that provides for a credit towards future connection costs at the equivalent of 6.67 nominal connection units or $12,500 in today's rates, be approved in consideration for the encroachment needed for the Bollinger Canyon Groundwater Quality Project. There being no objection, the motion was approved with Member Rainey being absent. 3) Mr. Dolan announced that ~he District is currently advertising for bids for a project for structural improvements to the dechlorination application system. The estimated cost of the work is $66,000. 4) Mr. Robert A. Baker, Deputy Chief Engineer, reported that Mr. Jay S. McCoy, Construction Division Manager, has had some preliminary meetings with the Pleasant Hill Redevelopment Agency staff but was unable to reach any agreement as to pass through of the revenues from the Pleasant Hill Redevelopment Project. Mr. Kenton L. Aim, Counsel for the District, stated that the law firm of Kronick, Moskovitz, Tiedemann & Girard has been engaged to assist the District in this regard. 5) Mr. Dolan announced that a letter has been received from Ms. Sara Hoffman, the County Solid Waste Manager, requesting financial information about the District. Mr. Dolan distributed copies of the letter and indicated that staff intends to respond providing copies of the Annual Report, Capital Improvement Budget, Capital Improvement Plan, audited Financial Statements, and District Budget. It was suggested that a copy of the most recent Grand Jury report be included as well. 6) Mr. Dolan reported that the use of the automated transfer "POD" system for transfer of solid waste to Alameda County was calendared for consideration by the Alameda County Solid Waste Authority on October 31, 1990, but was held over due to lack of a quorum. As a result, the automated transfer system cannot be implemented until after the first of the year. 7) Mr. Dolan announced that there will be a public meeting at 7:30 p.m. on November 7, 1990, at 2097 Oak Park Boulevard, Pleasant Hill, to discuss the proposed Country Gardens/Third Avenue Sewer Improvement Project. The notice of availability of the Negative Declaration will be published on November 6, 1990, and a public hearing before the Board of Directors is planned for December .6, 1990. 8) Mr. Dolan announced that Goleta Sanitary District will conduct a tour of their facilities in conjunction with the November 1990 CASA meeting. 11 01 90 207 b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT Ms. Joyce E. Murphy, Secretary of the District, reported that the Employee Service Award luncheon recognizing employees with ten, fifteen, twenty, twenty-five, and thirty years of service, will be held on November 14, 1990, at the Velvet Turtle. It was moved by Member Clausen and seconded by Member Dalton, that Resolution No. 90-130 be adopted, honoring employee service award recipients Gretchen Anastasi-Rowland, Larry Black, Kenneth Clark, Steven Considine, John Day, Felix Espinosa, Jack Finch, Charles Gardner, Virginia Gerber, Alan R. Grieb, Kenneth Grubbs, Dennis Hall, Norman Heibel, Rick Higgs, Doyle Hill, Munawar Husain, John LePage, Jose Lopez, Richard Powell, David Reindl, Phillip Sauer, Gary Shaw, Theodore Smith, Curtis Swanson, L. Scott Thompson, and Joseph Vallero; that Resolution No. 90-131 be adopted. honoring Phillip Sauer, Utility Worker, for thirty years of service; that Resolution No. 90-132 be adopted, honoring Gary Shaw, Maintenance Crew Leader, for twenty years of service; and that Resolution No. 90-133 be adopted, honoring Theodore Smith, Plant Operations Superintendent, for twenty years of service. There being no objection, the motion was approved with Member Rainey being absent. d. BOARD MEMBERS None 14. ANNOUNCEMENTS Member Boneysteele announced that former District employee Dorothea Cady , passed away recently. Member Boneysteele suggested that a letter of condolence be sent to her husband, Phelps Cady. Mr. Dolan stated that a letter would be drafted for President Carlson's signature. . 1 5. CLOSED SESSION This item was taken out of order earlier in the agenda. 16. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION This item was taken out of order earlier in the agenda. 17. ADJOURNMENT There being no further business to come before the Board, President Carlson adjourned the meeting at the hour of 5:33 p.m. in memory of former employee,Dorothea Cady. ._-~ ~~~ ,;/,. , ---,> :.;/~,>P.: ....¿:,,:,,:...Y, , /~----<-,&..---- " -' ~:~"L.. ¿:~-- ~e~'nt of the Board of Directors, têntral Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: S r ary of the Central C ntra osta Sanitary District, County of Contra Costa, State of California 11 01 90